Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 42 -- Search - Apart from giving option of search in presence of a Gazetted Officer or a Magistrate, third option of search before SHO also given - Held, third option is uncalled for and is capable of misleading the accused - Held, compliance of S.50 is improper and appellant is entitled to acquittal on this..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Seizure memo - Correction in name of accused - Initially accused gave his name as Kasinath Tripathy but on persistent questioning he stated that his real name is Sitaram Tripathy - Held, High Court without any justifiable reason disbelieved the explanation offered by the witnesses regarding correction of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 67 -- Bail - 'Reasonable ground' - Means something more than prima facie grounds - It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence - The reasonable belief contemplated in the provision requires existence of such facts and circumstances as are..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Conscious possession - Accused carried his father having a bundle in his hand on a scooter to a place where they both were allegedly arrested by police - No material to show that the accused was having knowledge of the contents of the bundle that it contained contraband - Held that conscious..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Statement recorded u/s 67 - Not admissible when proved to have been obtained under duress - Fracture of 10th rib suffered by accused during investigation - Plea of prosecution that injury might have been suffered due to a fall not accepted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search of a vehicle - S.50 of the act is not applicable - Moreso when there is no prior information regarding the contraband being carried in a vehicle and the recovery is result of checking the vehicle in normal course...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Contraband - Recovery from a vehicle searched at a public place - Requirement of proviso to S.42 is not required to be complied with as recovery was made a public place - Additionally as S.P. was a member of search party and was exercising his authority u/s 41 of the Act as such proviso to S.42 is not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - Option of search in presence of Magistrate given - Contention that search before Gazetted Officer or Magistrate not given as such there is non compliance with the provision of S.50 - Held, it is sufficient compliance of the provision of S.50 - S.50 of the Act does not show that accused has got a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(1), 41, 42, 50, 55, 57 -- Recovery of 'Ganja'- 42 Kgs of Ganja recovered from the baggage which accused was carrying in a train - Provision of 5.50 not applicable - Procedure for informing Superior Officer provided u/s 41 and 42 of the Act, also not applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52, 55, 57 -- Recovery of 42 Kgs of Ganja - Provisions of Sections 52, 55 and 57 are directory in nature - In order to get the benefit, the accused must show that the prejudice has been caused to him...........
